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Workers' Compensation and Rehabilitation Act 2003
sec.105IAssessing liability after cancellation
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### sec.105I Assessing liability after cancellation
WorkCover must appoint an actuary to assess the non-scheme employer’s liability under section 105B (3) .
The amount of liability is the amount calculated under a regulation.
The amount of liability assessed and management costs—
are a debt due to WorkCover by the non-scheme employer; and
are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.
Without limiting subsection (3) , if the non-scheme employer fails to pay the debt within the period, WorkCover may recover the debt from the non-scheme employer’s section 84 security.
The Regulator must retain the section 84 security until the non-scheme employer’s liability under section 105B (3) has been finalised as provided for under a regulation.
In this section—
management costs means the reasonable costs of—
administering the claims for which the non-scheme employer is liable; and
the actuarial assessment of liability.
s 105I ins 2005 No. 50 s 14
amd 2013 No. 52 s 114 sch 2 ; 2016 No. 44 s 53 sch 1
(sec.105I-ssec.1) WorkCover must appoint an actuary to assess the non-scheme employer’s liability under section 105B (3) .
(sec.105I-ssec.2) The amount of liability is the amount calculated under a regulation.
(sec.105I-ssec.3) The amount of liability assessed and management costs— are a debt due to WorkCover by the non-scheme employer; and are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.
(sec.105I-ssec.4) Without limiting subsection (3) , if the non-scheme employer fails to pay the debt within the period, WorkCover may recover the debt from the non-scheme employer’s section 84 security.
(sec.105I-ssec.5) The Regulator must retain the section 84 security until the non-scheme employer’s liability under section 105B (3) has been finalised as provided for under a regulation.
(sec.105I-ssec.6) In this section— management costs means the reasonable costs of— administering the claims for which the non-scheme employer is liable; and the actuarial assessment of liability.
- (a) are a debt due to WorkCover by the non-scheme employer; and
- (b) are payable within 20 business days after the date of assessment, or a further period allowed by WorkCover.
- (a) administering the claims for which the non-scheme employer is liable; and
- (b) the actuarial assessment of liability.